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Articles 11911 - 11940 of 12452
Full-Text Articles in Entire DC Network
Developments In Patent Law, Ramon A. Klitzke
Developments In Patent Law, Ramon A. Klitzke
Faculty Publications
No abstract provided.
The Use Of Tying Requirements In Patent Licensing, Ramon A. Klitzke
The Use Of Tying Requirements In Patent Licensing, Ramon A. Klitzke
Faculty Publications
No abstract provided.
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Products Liability--An Analysis Of Market Share Liability, David A. Fischer
Faculty Publications
In Sindell v. Abbott Laboratories the Supreme Court of California created the market share liability theory of recovery for products liability cases. The innovative Sindell theory, which applies to certain products liability cases in which causation is either questionable or difficult to prove, departed significantly from the traditional tort principles of causation and liability. The theory allows plaintiffs to recover damages for their injuries, but it discounts the defendant's liability by the probability that it did not cause the harm.
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iii, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
The Ohio Rules Of Evidence: Part V, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Power Of Directors To Terminate Shareholder Litigation: The Death Of The Derivative Suit?, George W. Dent
The Power Of Directors To Terminate Shareholder Litigation: The Death Of The Derivative Suit?, George W. Dent
Faculty Publications
This article will analyze the problems raised by the board's attempt to terminate shareholder suits and will advance proposals to deal with those problems.
State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck
State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck
Faculty Publications
Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …
Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii
Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii
Faculty Publications
This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …
Partnership Taxation: A Deceased Partner's Final Year, Michelle A. Cecil
Partnership Taxation: A Deceased Partner's Final Year, Michelle A. Cecil
Faculty Publications
One significant and unresolved partnership taxation problem is the taxation of a deceased partner's final year. In a recent case of first impression, Estate of Hesse v. Commissioner, the Tax Court held that the widow of a deceased partner could not include his share of partnership losses incurred during the year of his death on their final joint income tax return. Consequently, the widow lost thousands of dollars in tax refunds because the loss deductions could not offset prior taxable income. The Tax Court believed the result was illogical and unfair, but nevertheless found that the Code required the decedent's …
Politics And The Constitution In The History Of The United States, Volume Iii, Howard C. Anawalt
Politics And The Constitution In The History Of The United States, Volume Iii, Howard C. Anawalt
Faculty Publications
No abstract provided.
Intersubband-Cyclotron Combined Resonance In A Surface Space-Charge Layer, R. F. O'Connell
Intersubband-Cyclotron Combined Resonance In A Surface Space-Charge Layer, R. F. O'Connell
Faculty Publications
In a magnetic field tilted with respect to the surface of Si, combined resonance transitions have been observed, resulting from a coupling of Landau levels and subband states. Because of some unexplained features in the observations, we analyze what one should expect on theoretical grounds. We conclude that unexplained discrepancies between theory and experiment still exist, which may indicate that collective effects are playing a role. © 1981.
Null Faraday Rotation-A Clean Method For Determination Of Relaxation Times And Effective Masses In Mis And Other Systems, R. F. O'Connell, G. L. Wallace
Null Faraday Rotation-A Clean Method For Determination Of Relaxation Times And Effective Masses In Mis And Other Systems, R. F. O'Connell, G. L. Wallace
Faculty Publications
We determine the relation between photon, cyclotron, collision, and plasma frequencies which ensures a null Faraday rotation for electromagnetic wave propagation in a free-carrier magnetoplasma. This provides a clean determination (in the sense that it is independent of multiple reflections and the length of the plasma along the beam direction) of scattering times and effective masses in MIS and other systems. © 1981.
Schucking Off The Rights Of The Aged: Congressional Ambivalence And The Exceptions To The Age Discrimination Act Of 1975, George J. Alexander
Schucking Off The Rights Of The Aged: Congressional Ambivalence And The Exceptions To The Age Discrimination Act Of 1975, George J. Alexander
Faculty Publications
No abstract provided.
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Faculty Publications
This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.
Getting Government Off The Backs Of People: The Right Of Privacy And Freedom Of Expression In The Opinions Of Justice William O. Douglas, Dorothy J. Glancy
Getting Government Off The Backs Of People: The Right Of Privacy And Freedom Of Expression In The Opinions Of Justice William O. Douglas, Dorothy J. Glancy
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Iv, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
The Ohio Rules Of Evidence: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker
Precedent Times Three: Stare Decisis In The Divided Fifth Circuit, Thomas E. Baker
Faculty Publications
October 1, 1981, marked a milestone in the history of our federal courts. On that day the Fifth Circuit Court of Appeals Reorganization Act of 1980 (Reorganization Act) divided the" former fifth circuit" into the" new fifth circuit," composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new" eleventh circuit," composed of Alabama, Florida, and Georgia.
Constitutional Law, Thomas E. Baker
Constitutional Law, Thomas E. Baker
Faculty Publications
This 1981 article discusses principles of federal constitutional law. Professor Baker notes that the constitutional decisions of the courts of appeals will continue to increase in number and importance as the burgeoning federal caseload grows. Professor Baker analyzes how the Fifth Circuit dealt with constitutional principles in the year preceding the article. The article commences with a discussion of cases dealing with justiciability issues. The justiciability issues discussed include standing, mootness, advisory opinions, political questions, ripeness, and Eleventh Amendment issues. Next, Professor Baker discusses cases construing the Commerce Clause. Next, the article discusses cases dealing with due process issues, both …
Sodium Flux Ratio In Voltage-Clamped Squid Giant Axons, David D. Busath, Ted Begenisich
Sodium Flux Ratio In Voltage-Clamped Squid Giant Axons, David D. Busath, Ted Begenisich
Faculty Publications
The sodium flux ratio across the axolemma of internally perfused, voltage-clamped giant axons of Loligo pealei has been measured at various membrane potentials. The flux ratio exponent obtained from these measurements was about unity and independent of membrane voltage over the 50 mV range from about -20 to +30 mV. These results, combined with previous measurements of ion permeation through sodium channels, show that the sodium channel behaves like a multi-ion pore with two ion binding sites that are rarely simultaneously occupied by sodium.
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Categories And The First Amendment: A Play In Three Acts, Frederick Schauer
Faculty Publications
No abstract provided.
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Mcmillan V. Mcmillan: Choice Of Law In A Sinkhole, Doug R. Rendleman
Faculty Publications
No abstract provided.
The Decline And Fall Of Taxable Income, Glenn E. Coven
The Decline And Fall Of Taxable Income, Glenn E. Coven
Faculty Publications
No abstract provided.
The Deregulation And Monetary Control Act Of 1980, Jeffrey Rogers Hummel
The Deregulation And Monetary Control Act Of 1980, Jeffrey Rogers Hummel
Faculty Publications
No abstract provided.
Diffusion, Reinforcement, Geopolitics, And The Spread Of War, Benjamin A. Most, Harvey Starr
Diffusion, Reinforcement, Geopolitics, And The Spread Of War, Benjamin A. Most, Harvey Starr
Faculty Publications
The discussion reports the results of an examination of the possible diffusion of new war participations during the 1946-65 era. A theoretical argument is developed to yield more precise expectations about when, where, why, and how diffusion processs might operate. Four diffusion-related processes (positive spatial diffusion, positive reinforcement, negative spatial diffusion, and negative reinforcement) are discussed and analyzed. A series of simple turnover tables and a focus on nations' borders are used to go beyond the authors' previous stochastic modeling efforts. The results provide strong evidence that is consistent with both the authors' theoretical argument and the general war diffusion …
Book Review: Understanding Conflict And War, Vol. 4 - War, Power, Peace, By Rudolph Rummel, Harvey Starr
Book Review: Understanding Conflict And War, Vol. 4 - War, Power, Peace, By Rudolph Rummel, Harvey Starr
Faculty Publications
No abstract provided.
Alchohol Abuse And Tavern Reform In Late Colonial Mexico, Michael C. Scardaville
Alchohol Abuse And Tavern Reform In Late Colonial Mexico, Michael C. Scardaville
Faculty Publications
No abstract provided.
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Federal Protection For Archaeological Resources, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
Jury Nullification: The Contours Of A Controversy, Alan Scheflin
Jury Nullification: The Contours Of A Controversy, Alan Scheflin
Faculty Publications
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Publications
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.